Excusable and Compensable Delay(s) Clause Samples
Excusable and Compensable Delay(s). 16.2.1. Contractor is not entitled to additional compensation for any delay, even a delay caused by Adverse Weather or an Excusable Delay, unless all of the following conditions are met:
16.2.1.1. The District is responsible for the delay;
16.2.1.2. The delay is unreasonable under the circumstances involved and impacts the critical path of the Work and extends the most current Contract Completion date;
16.2.1.3. The delay was not within the contemplation of District and Contractor; and
16.2.1.4. Contractor complies with the claims procedure of the Contract Documents.
16.2.1.5. The delay could not have been avoided or mitigated by the Contractor's care, prudence, foresight, and diligence.
16.2.1.6. The delay extends the most current Contract Completion date, and is not concurrent with a Contractor caused delay or other type of Excusable Delay.
16.2.2. In accordance with California Public Contract Code section 7102, if the Contractor’s progress is delayed by the events described in the preceding subsection, Contractor shall not be precluded from the recovery of damages directly and proximately resulting therefrom. In that event, Contractor’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or construction equipment directly resulting from that delay, and shall exclude special, indirect or consequential damages. In no event shall Contractor seek costs or damages for delays, interruptions, hindrances or disruptions to the Work for on-Site or off-Site costs or damages based upon formulas, e.g. Eichleay or other formula. Except as expressly provided for herein, Contractor shall not have any other claim, demand or right to adjustment of the Contract Price arising out of delay, interruption, hindrance or disruption to the progress of the Work. Adjustments to the Contract Price and the Contract Time, if any, on account of Changes to the Work or Suspension of the Work shall be governed by the applicable provisions of the Contract Documents, including without limitation, the “Changes in the Work” section and the percentages in the “Format for Proposed Change” section of these General Conditions.
Excusable and Compensable Delay(s). In addition to Contractor’s right to a time extension for those events set forth in Section 6.2 above, Contractor will also be entitled to an appropriate adjustment of the Contract Price provided, however, that the Contract Price will not be adjusted for delays caused by Force Majeure Events.
Excusable and Compensable Delay(s). 17.2.1. A delay is not considered Excusable and Compensable Delay unless all the following conditions are met:
17.2.1.1. Judicial Council is responsible for the delay;
17.2.1.2. The delay is unreasonable under the circumstances involved and impacts the critical path of the Work and extends the most current Contract Completion date. A delay impacts the critical path of the Project if it delays a work activity that cannot be delayed without delaying Completion of the Work to a date that is beyond the Contract Time;
17.2.1.3. The delay was not within the contemplation of Judicial Council and Contractor;
17.2.1.4. Contractor complies with the Change Order procedures, and if necessary, the Claims Resolution Process of the Contract Documents;
17.2.1.5. The delay could not have been avoided or mitigated by Contractor's care, prudence, foresight, and diligence;
17.2.1.6. The delay extends the most current Contract Completion date; and
17.2.1.7. The delay is not concurrent with a Concurrent Delay or other Excusable Delay.
Excusable and Compensable Delay(s). The Contract Time may be extended and the Total Contract Cost increased in the event that:
Excusable and Compensable Delay(s). A delay that entitles Contractor to an adjustment of the Contract Price and an adjustment to the Contract Time, and excuses Contractor from an assessment of Liquidated Damages for the specific delay period approved by the District for the Excusable and Compensable Delay.